Extinction of the security measure the effect of cessation of affairs
1. The fate of security measures is linked inextricably with the fate of the issue (no criminal issues, no security measures). In this regard, Article 261 stipulates that security measures are extinguished when for the same fact and against the same person is located off of the case or the Decision of innocence. In both these cases, once the holiday decision (by the prosecution or the court) or innocence (court), security measures extinguished, ipso lege. Court decision that has set the amount of insurance remains without power and he is paekzekutueshem without having revoked or repealed by that court or by a higher court. He blasted the decision can not be made with the object of judicial review, but can only declare such (erased) by the court.
2. Extinction of the security measure, in the case of dismissal of the case, not related to the mass execution, but the fact that no criminal trials, and consequently missing the premise for the existence of a security measure. If security measures had been detained in prison and is executed, the court is obliged to order the immediate lirirmin person against whom action is taken.
3. Where leave to issue decision repealed (by the highest prosecutor, or, when appropriate, by the court), the question turns to continue the investigation and prosecution prosecutor continues to exercise the powers that know the law and limited to them. He can not seek enforcement of a measure to extinguish. On the other hand, the security measures do not extinguish automatically takes its zenith. Security measures in this case has lost power (it is erased). Since the law does not lay out any provision for automatically reclaiming its power (no reversal of power provided ipso jure), it can not give the prosecution body, even through the Attorney General. The only way for it to retake power is to be subject to review by the court through legal procedures for verifying the conditions and criteria of its existence (principle of legality).
4. In those cases where the security measure has lost power, every time the prosecution body has the right to petition the court for appointment of a new measure of insurance. In this case, the Court takes into account the concrete circumstances in which located the issue, which may be different from those in which it was decided that the measures fell from power, and decide case by case basis in accordance with the terms and conditions required by law . Court is the only organ that expressed in relation to security measures, the conditions of their implementation, the need for revocation or replacement, even mainly. This attitude is wrongful and maintained to guarantee the freedoms and fundamental rights in criminal processing, since as long as there are security measures, the person is not convicted as a consequence of the presumed innocent. In this sense, security measures are not punitive character, but there are conditions imposed when the legal criteria to ensure the aim sought to be achieved through them.
5. The decision of the rest of the effects that equates to bring the decision of innocence. The law provides explicitly that in both these cases, security measures are abolished (not revoked). The concept of “extinction” is definitive, irreversible. No body can give a measure of power off. Even the court, if requested, appoint a new measure and can not give a measure of the previous power off.
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